Probate actions

View Wills & Probate by content type:

Latest Wills & Probate News

Featured Wills & Probate content

Practice notes
Appropriation is a process by which a personal representative or a trustee uses a specific asset in the estate or trust fund, to meet in full or in...
Read More >
9th Nov
Practice notes
What a residuary gift comprisesThe residuary estate will not necessarily comprise only cash, but will usually include other assets that have not been...
Read More >
9th Nov
Practice notes
Revocation of a WillA Will is revocable at any time during the testator's lifetime. A testator may not revoke their Will in any manner they choose: a...
Read More >
9th Nov
Practice notes
Hotchpot clauses in Wills can be very useful in equalising benefits between beneficiaries. They also have a place in respect of a partial intestacy....
Read More >
9th Nov
Practice notes
Where one of several executors diesSection 5 of the Administration of Estates Act 1925 (AEA 1925) states that the office of executor is personal to...
Read More >
9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
9th Nov
Practice notes
CORONAVIRUS (COVID-19): As announced on 17 April 2020, the President of the Family Division, Sir Andrew McFarlane, authorised District Probate...
Read More >
9th Nov
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
9th Nov
Precedents
Warning to caveator, Rule 44(5)In the High Court of JusticeFamily Division[The nominated registry as defined by rule 44(15)]To [name] of [address] a...
Read More >
9th Nov
Practice notes
Identification of beneficial interestsThe personal representatives (PRs) of an estate must identify:•the beneficiary or beneficiaries entitled to each...
Read More >
9th Nov

Most recent Probate actions content

Q&As
The answer to this Q&A will depend on the exact wording of the Will and the current status of the churches named. In particular, the personal...
Read More >
22nd Jan
Q&As
The executors of a disputed Will should be joined as a party, albeit they should maintain a neutral position in respect of the claim. See Practice...
Read More >
22nd Jan
Practice notes
This practice note is about the doctrine of undue influence in claims that challenge the validity of a Will. It will focus on:•what is undue...
Read More >
Produced in partnership with Oliver Wooding of St John's Chambers 20th Jan
Practice notes
The nature of disputes as to lifetime dispositionsParticularly where an estate appears to be smaller than anticipated, personal representatives (PRs)...
Read More >
Produced in partnership with Emma Holland of Stewarts Law 15th Jan
Practice notes
In Thorner v Major, Lord Walker began his judgment by quoting from Simon Gardner in Introduction to Land Law (2007):‘There is no definition of...
Read More >
Produced in partnership with Richard Dew of Ten Old Square 15th Jan
Practice notes
With increased life expectancy comes increased mental illness as people’s bodies outlive their minds. Dementia and other mental illnesses including...
Read More >
Produced in partnership with Henrietta Mason of Penningtons Manches Cooper and Jeremy Bristow of Langleys and now internally maintained by LexisPSL Private Client 15th Jan
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
Produced in partnership with Jonathan Edwards of Radcliffe Chambers 15th Jan
Practice notes
These are not probate actions within the definition set out in part 57.1 of the Civil Procedure Rules 1998 (CPR) but they are, necessarily, matters...
Read More >
15th Jan
Q&As
In the above scenario, an application should be made by the capable executor for the grant of probate to be revoked on the grounds that the grant is...
Read More >
14th Jan
Q&As
Power of court to revoke the grantThe court has the power to revoke both grants of probate and administration'>letters of administration. See section...
Read More >
Produced in partnership with Lynne Counsell of 9 Stone Buildings 14th Jan
Q&As
Rectification of a Will is governed by section 20 of the Administration of Justice Act 1982.As stated in Practice Note: Validity of...
Read More >
14th Jan
Q&As
Intermeddling is where a person carries out acts in a deceased’s estate that show the intention of assuming the role of personal representative. Once...
Read More >
14th Jan
Q&As
An application for a subpoena for the production of testamentary document is made under section 123 of the Senior Courts Act 1981 (SCA 1981). The...
Read More >
14th Jan
Q&As
Revocation of a grant of probate can occur for a number of reasons including invalidity of the Will or the grant being improperly obtained. Revocation...
Read More >
Produced in partnership with Oliver Auld of Charles Russell Speechlys LLP 14th Jan
Q&As
Practice Note: Probate actions—caveats explains that once a caveat has been entered pursuant to the Non-Contentious Probate Rules 1987 (NCPR 1987), SI...
Read More >
Produced in partnership with Graham Stott of gunnercooke LLP 14th Jan
Q&As
A caveat is effective for six months. It can be extended on an ongoing basis for six months at a time. If the caveat is not renewed it will expire and...
Read More >
14th Jan
Practice notes
STOP PRESS: With effect from 2 November 2020, the Non-Contentious Probate Rules 1987, SI 1987/2024 (NCPR 1987) are amended by the Non-Contentious...
Read More >
14th Jan

Popular documents